As we know, people and families can change over time. Reinstating parental rights is a strategy to achieve permanency for children and youth in foster care in certain circumstances. A small number of States allow a petition to be filed with the court requesting reinstatement of a parent's rights if a permanent placement has not been achieved within a specific timeframe. The following are resources on reinstating parental rights and include State and local examples.
Backward Progress Toward Reinstating Parental Rights (PDF - 402 KB)
Adams (2017)
N.Y.U. Review of Law & Social Change, 41
Explores State laws on reinstatement of parental rights passed to address the increasing number of children in the foster care system. The website describes how, for the most part, these laws have been inadequate to address the problem because they are motivated by a view of termination of parents' rights that does not fit current realities.
Bio Family 2.0: Can the American Child Welfare System Finally Find Permanency for 'Legal Orphans' With a Statute to Reinstate Parental Rights? (PDF - 169 KB)
Schalick (2014)
University of Michigan Journal of Law Reform, 47(2)
Proposes a model statutory provision to reinstate parental rights under certain circumstances to give legal orphans a second chance with their rehabilitated biological parents.
| Series Title | State Statutes |
| Author(s) | Child Welfare Information Gateway |
| Availability | View Download (PDF - 1,381KB) |
| Year Published | 2017 |
How Have States Implemented Parental Rights Restoration and Reinstatement?
Casey Family Programs (2018)
Provides State statue highlights and jurisdictional examples of how States have implemented parental rights reinstatement. The brief offers additional resources on this topic.
Reinstatement of Parental Rights
University of Washington School of Law Court Improvement Training Academy (2014)
Presents legal information on the reinstatement of parental rights in child welfare cases including on the topics of eligibility, hearings, considerations of the court, efforts to achieve permanency, timing, and more.
Reinstatement of Parental Rights [Video]
Emory University School of Law (2017)
Provides information on State laws regulating the reinstatement of parental rights, case studies, and the perspectives of the legal and child welfare communities that work on these cases.
Reinstatement of Parental Rights After Termination
FindLaw (2018)
Outlines situations in which parents may be able to have their parental rights reinstated, depending on the State, and discusses what termination and restoration of parental rights mean and differences in State laws.
Reinstatement of Parental Rights State Statue Summary
National Conference of State Legislatures (2016)
Provides information about States that have legislation in place that allows for the reinstatement of parental rights following termination of parental rights.
The Sky Is Not Falling: Lessons and Recommendations From Ten Years of Reinstating Parental Rights
Schalick (2018)
Family Law Quarterly, 51(3)
Discusses the frequency and impact of reinstating parental rights around the United States. This article concludes with policy recommendations to ensure the reinstatement of parental rights is a viable for option for achieving permanency for some children and youth.
State and local examples
Reinstatement of Parental Rights
Los Angeles County Department of Children and Family Services (2014)
Provides policy guidelines for the reinstatement of parental rights in LA County after such rights have been removed.
Petition for Reinstatement of Parental Rights
Washington State Department of Social and Health Services (2018)
Explains the steps a caseworker must take in order for a dependent youth to file a petition to reinstate parental rights in the State of Washington.
Reinstatement of Parental Rights
Heyd (2014)
Court Improvement Training Academy
Covers the legal process for reinstating parental rights in the State of Washington, including eligibility, hearings, the burden of proof required, causes for dismal, applicability, and more.
Reinstatement of Parental Rights in NC: Myths and Facts
Fostering Perspectives (2014)
Explores myths and facts around the restoration of parental rights in North Carolina and discusses topics such as the child's living arrangements, who can file for reinstatement of rights, how the rights can be granted, whether the child has a say, and more.